Please refer to anzfa’s guide to applications and proposals for a more detailed explanation of the process on how to undertake

Communication and consultation

14. Communication and Education Strategy

FSANZ has prepared a communication and education strategy for the preferred regulatory option of mandatory folic acid fortification. The strategy aims to increase awareness among all target audiences of the proposed standard for mandatory folic acid fortification and its implementation. Target audiences, communication objectives, key messages and planned activity are detailed in the strategy. The strategy is informed by consumer research, targeted consultations with key stakeholder groups, and issues arising from submissions to FSANZ in response to the Draft Assessment Report. This strategy will particularly focus on developing resource materials and information to assist industry to understand and comply with the new mandatory fortification requirement. Section 17.2 provides further information about the strategy.

15. Consultation

15.1 Initial Assessment

FSANZ received a total of 72 submissions in response to the Initial Assessment Report for this Proposal during the public consultation period of 20 October to 24 December 2004.

Submitters’ views were mixed in relation to a preferred regulatory option. In general, government submitters and organisations and individuals with a direct interest in NTDs supported mandatory fortification. Industry submitters primarily supported extension of voluntary fortification permissions in conjunction with increased health promotion and education strategies to increase folate intakes.

15.2 Draft Assessment

There was support from most government and some public health submitters for mandatory fortification, with the importance of having a national monitoring and surveillance system in place prior to implementation highlighted by many submitters. Public health and consumer submitters expressed a range of views both for and against the proposed approach. Submitters raised concerns about lack of consumer choice, possible health risks and future unknown health risks, particularly for children, and the effectiveness of mandatory fortification in reducing NTDs (based on the proposed fortification level) was not sufficient to justify population wide consumption of folic acid.

Industry submitters were opposed to mandatory fortification proposal and expressed concerns about the high degree of impost and technical difficulties in being able to fortify bread-making flour within the required parameters. Industry primarily supported the extension of voluntary fortification permissions in conjunction with increased education and promotion strategies to increase folate intakes.
Key issues raised in submissions have been addressed in this Final Assessment Report where possible and include:

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  the choice of food vehicle for fortification, including technical issues for industry fortifying the proposed food vehicle to the required level, and alternative proposals;
  
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  potential health risks associated with an increased folic acid intake particularly long term effects for the non-target population;
  
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  the lack of consumer choice associated with mandatory fortification;
  
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  the cost and resulting impact on industry;
  
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  the requirement for monitoring and surveillance;
  
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  the perceived inconsistency with Ministerial Policy Guideline, in particular how it meets the Specific Order Policy Principles for mandatory fortification; and
  
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  the need for ongoing health promotion and education strategies that are wide reaching and supported by the governments.
  

15.3 Targeted consultation process

During the public consultation period and afterwards, FSANZ also initiated a process of intensive targeted consultation to discuss the key issues and impacts of mandatory fortification. 

Issues identified from submissions formed the basis of further targeted consultation with key stakeholder groups, particularly the milling and baking industries. This included FSANZ commissioning an independent consultant, Brooke-Taylor & Co Pty Ltd to consult in Australia and New Zealand regarding the technical capabilities of industry and possible alternative options to flour for fortifying bread.
Key stakeholder groups consulted were the Australian and New Zealand baking and milling industries, the Australian, State and Territory, and New Zealand governments, consumer and public health organisations.  Key stakeholder groups consulted were the baking and milling industry, jurisdictions, consumer and public health organisations. 

Industry consultations included leading milling and bread manufacturers, milling, baking and bread ingredient manufacturers, Australian and New Zealand peak industry bodies, national and regional baking associations and societies, and organic food associations. Consultations have involved face-to-face meetings, teleconferences, information updates and email correspondence.  

Information received has informed FSANZ’s process for reviewing and selecting the food vehicle, identification and investigation of risk management issues, further cost-benefit analysis, recommendations for implementation, and the monitoring requirements for mandatory fortification.
FSANZ again commissioned Access Economics, an independent economic consultancy organisation, to further investigate and revise the costs of fortifying bread with folic acid in Australia and New Zealand. Access Economics held further consultations with key stakeholders, particularly industry groups, in regard to the financial implications of mandatory fortification of bread.
As part of this targeted consultation process, FSANZ has engaged the Standards Development Advisory Committee (SDAC) to help identify views and issues while progressing work on this Proposal. The SDAC is comprised of members who have a broad interest in, and knowledge of, fortification-related issues and represent the following sectors: public health nutrition; food manufacturing; enforcement; food policy; health promotion; and consumer education.
To ensure a consumer perspective on the proposed standard, FSANZ has also undertaken consultation with the FSANZ Consumer Liaison Committee, a group formed to provide a consumers’ perspective with members drawn from both Australia and New Zealand.
Given the increased incidence of NTDs among Indigenous population in some regions of Australia, FSANZ has made contact with key representatives of Indigenous groups during the consultation process. To date, members of the Reference Group for the National Aboriginal and Torres Strait Islander Nutrition Strategy and Action Plan (NATSINSAP) and the Maori Reference Group (Kahui Kounga Kai) have been involved in the consultation process.

15.4 Outcomes from targeted consultations

As indicated above, FSANZ undertook further intensive targeted consultation with key stakeholder groups particularly to gauge their views on the refined approach at Final Assessment. This consultation included public health and consumer organisations, Australian and New Zealand baking and milling industries, the supermarket chains with in-house bakeries, the Australian, State and Territory, and New Zealand governments, consumer and public health organisations.

Australian industry has maintained their opposition to mandatory folic acid fortification and support voluntary fortification of a selected range of branded products in association with education which industry offered to support. New Zealand industry, while opposing mandatory fortification, has suggested that if mandatory fortification were to go ahead, consideration should be given to exempting one or more classes of bread to allow for consumer choice.
In regards to the refined approach, industry has expressed concerns about costs, compliance, enforcement and transitional timeframes. There are concerns about the capacity of the baking industry, particularly with respect to small business bakeries, to meet the required standard.
The supermarket chains prefer the standard to be based on levels of folic acid in bread-making flour. They have argued that if the standard is to change to require folic acid in bread, then a longer transition period will be required to allow time for discussions with suppliers about whether folic acid will be added to flour or into a premix; to conduct recipe testing; and to undertake staff training.
The small bakers represented by the Australian and New Zealand Baking Industry Association (ANZBAKE) stated their position was that reductions in NTDs should be achieved through the provision of free (possibly mandatory) supplements for young women and that they were opposed to mandatory fortification. However, if it was introduced, a longer transition period would be required for similar reasons to those outlined by in-store bakers.
A number of public health and consumer groups in support of the approach at Draft Assessment expressed concern with the proposed move away from fortification of bread-making flour. In particular there was concern that the fortification of bread presented greater compliance and enforcement issues than fortification of flour. Other public health and consumer groups oppose mandatory fortification or support on condition that effective monitoring and review occurs. Monitoring is considered a essential component of mandatory fortification by all stakeholder groups.

15.5 World Trade Organization

As members of the World Trade Organization (WTO), Australia and New Zealand are obligated to notify WTO member nations where proposed mandatory regulatory measures are inconsistent with any existing or imminent international standards and the proposed measure may have a significant effect on trade.

There are no relevant international standards and amending the Code to require the mandatory fortification of bread with folic acid is unlikely to have a significant effect on international trade. This is because bread is principally produced for domestic markets. However, FSANZ recognised that a requirement to mandatory fortify a staple food such as bread may have trade implications that had not yet been identified.
Therefore, WTO member nations were notified of the proposed mandatory fortification regulations in accordance with the WTO Technical Barrier to Trade Agreement by both Australia and New Zealand. No responses to the notifications were received by FSANZ.